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(영문) 수원지방법원 여주지원 2018.01.11 2017가단3347

토지인도 등

Text

1. The Defendant is the Plaintiff’s vehicle, aviation, fertilizer, wooden board, etc. loaded on the ground of Gyeonggi-gu, Gyeonggi-do, the 4,559 square meters of land.

Reasons

1. Facts of recognition;

A. On May 10, 2015, the Plaintiff entered into a lease agreement with the Defendant on May 10, 2015, stipulating that the term of lease is one year with respect to the Gyeonggi-do Co., Ltd. 4,559 square meters (hereinafter “instant land”) and two vinyls on the ground thereof (hereinafter “instant vinyls 2”) and one million won per annum in advance. The said lease agreement was amended from May 10, 2016 to May 10, 2017 to the effect that the Defendant would lease the rental fee in advance. The said lease agreement was amended to the effect that the rental fee is KRW 1.3 million per annum (hereinafter “instant lease agreement”), and the Defendant did not pay the said rental fee.

B. Although the Defendant leased the instant land and two plastic houses from the Plaintiff for the purpose of farming houses, the Defendant did not set up a farmer’s house by loading various slaughters on one plastic house. Moreover, the Defendant did not load the instant land to the extent of 1179 square meters among the instant land, and did not set a farmer’s house on the said land by loading cars, navigational Ri, fertilizer, tree board, and various garbage.

C. On June 2, 2017, the Plaintiff declared to the Defendant that the instant lease agreement will be terminated on the grounds that the Plaintiff had not paid rent and used the leased object for any purpose other than the original purpose.

[Evidence Evidence: Each entry of Gap evidence 1 to 4 (including paper numbers) and the purport of the whole video and oral pleadings]

2. According to the facts of the above recognition, since the lease contract of this case was lawfully terminated by the Plaintiff’s declaration of termination, the Defendant is obligated to collect from the Plaintiff the goods loaded on the instant land, deliver two of the instant land and vinyl houses, and return of unjust enrichment equivalent to the overdue rent or rent, from May 10, 2016 to the completion date of delivery of two of the said land and vinyl houses, to pay the money equivalent to one million won per annum as the Plaintiff seeks.

3. Conclusion, the plaintiff's claim can be accepted.